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HomeMy WebLinkAboutAgenda - 09-30-1999 - 3ORANGE COUNTY BOARD OF COMMISSIONERS WORK SESSION ACTION AGENDA ITEM ABSTRACT Meeting Date: September 30, 1999 Action Agenda Item No. _C� SUBJECT: Water and Sewer Management Planning and Boundary Agreement DEPARTMENT: Planning PUBLIC HEARING: (Y/N) No ATTACHMENT(S): INFORMATION CONTACT: - "Final" version (4/30/99) of the Water and Gene Bell, Ext.. 2589 Sewer Management Planning and Boundary Agreement. TELEPHONE NUMBERS: - Excerpt from 2/11/99 OWASA Minutes Hillsborough' 732 -8181 Chapel Hill 968 -4501 Durham 688 -7331 Mebane 336- 227 -2031 PURPOSE: To receive a report on the work of the Water and Sewer Service Boundary Task Force and review the "final" version of the Water and Sewer Management Planning and Boundary Agreement. BACKGROUND: The- elected boards of Orange County, Chapel Hill, Carrboro and Hillsborough and the appointed Orange Water'and Sewer Authority ( OWASA) Board of Directors adopted resolutions in April 1994 to create a Water and Sewer Service Boundary Task Force to develop water and sewer service boundaries for the County's service providers. Commissioner Moses Carey served as chair of the Task Force that began meeting in June 1994. In December 1994, the Task Force issued a preliminary report with a "straw" set of service boundaries, accompanied by a list of inter - related objectives to be addressed. In 1995, the elected and appointed boards passed resolutions agreeing at different levels of detail with the initial report, and charged the Task Force to continue meeting to work through the issues and service boundaries. After almost five years of diligent work, the Task Force is pleased to present the "final" version of the Water and Sewer Management Planning and Boundary Agreement. The Board discussed this item briefly on September 7, 1999 and referred it to a work session for fuller discussion. FINANCIAL IMPACT: None at this time. RECOMMENDATION(S): The Manager recommends that the Board receive the report for information only at this time. hAwsbtfab3.rtf\9- 23 -99 \gb Y 2 . ti FINAL AL 4/30/99 WATER AND SEWER MAX jNT. P G AND BOUNDARY AG�.EEMENT THIS AGREEMENT, made and entered -into this _ day of ' 999 by and between the COUN'T'Y OF ORANGE, -a political subdivision of the State of North Carolina; the TOWN OF CARRBORO, the TOWN OF CHAPEL HILL, and the TOWN OF HILLSBOROUGH, municipal corporations duly created and existing under the laws of North Carolina; and the ORANGE WATER AND SEWER • AUTHORITY, a public water and sewer authority duly created and existing . under Chapter 16 . p 2A, Article 1 of the North Carolina General Statutes. . WTMSSETH: In consideration of mutual benefits regarding the definition of water and sewer service boundaries and the management and planning thereof, the Parties to this agreement hereby mutually agree as follows: A. Charge to the Water and Sewer Boundary Task Force Since the mid- 1980's, several attempts to define water and sewer service boundaries for Orange County and the municipalities of Chapel M. Carrboro and, Hillsborough have been undertaken. In 1994, a Task Force was formed consisting of elected officials from Carrboro, Chapel Hill, Hillsborough and Orange County, as well as two members of the Orange Water and Sewer Authority Board of. Directors. The charge to the Water and Sewer Service Boundary Task Force is attached as Appendix B•, B. Purpose of Water and Sewer Boundary Agreement 1. To provide a comprehensive, County -wide system of service areas for future utility development and interest areas for dealing with private water and FINAL 4/30/99 wastewater system problems in areas without public water and sewer service. 2. To complement growth management objectives, land use plans and annexation plans in existing agreements, such as the Orange County - Chapel Hill- Carrboro Joint Planning. Agreement and Joint Planning Area Land Use Plan 3. To resolve in advance and preclude future conflicts about future service areas and annexation areas. KI A. Effective Date of the Agreement _ This agreement shall become effective upon execution by all of the parties and signature by the chief elected or appointed official. B. Term of Agreement This agreement shall remain in effect for five (5) years from its execution, and shall be renewable as provided in the following subsection. C. Procedure for renewal At the end of each five -year term., the agreement shall renew automatically, unless written notice is provided of intent to withdraw as noted in subsection E below. 2 FINAL 4/30/99 A Procedure for proposing and acting on changes in agreement including boundaries 1. Any change to the agreement (including boundaries) requires approval of all parties to the agreement. 2. The addition of other parties to this agreement shall be by consent of the current parties. E. Procedure for withdrawal from/decision not to renew -the agreement L. A Party may riot withdraw. from the agreement, until it holds a public hearing on the proposed withdrawal followed by written notice to the other, parties within 30 days of the public hearing. The withdi awal shall be effective one (1) year following receipt by the other parties of the written notice. 2. If a party to the agreement withdraws as provided above, the agreement remains in effect as to the other parties until all but one party withdraws in the manner provided for the in this agreement. F. Accountability of Future Parties 1. Future utility providers that wish to become parties of this agreement must be financially and technically capable of providing water /sewer service to address public health emergencies or other identified public facility needs, as defined by the parties of the boundary agreement. The provider must have adequate system capacity, technical. capability and financial assets to address system problems within its interest area without compromising service to current customers. FINAL 4/30/99 G. Courtesy Review of Development Proposals Within Service and Interest Areas The water and sewer providers that are parties to this agreement will be provided courtesy review and the right to provide written input into utility design and the provision of easements for all new major subdivisions and other residential and non-residential site plan approvals within their service area and interest area. The party to this agreement with development . plan review authority shall retain approval authority for all development proposals within. its planning jurisdiction. H. Linkage with the Orange County- Chapel Hill - Carrboro Joint Planning Agreement and other future agreements This agreement shall be made part of the Orange County- Chapel Bill- Carrboro Joint Planning Agreement, by reference, and to any future cooperative planning agreements that may be entered into among some or all of the parties. Termination of the Joint Planning Agreement or any other cooperative planning agreement does not terminate this agreement. Termination of this agreement can only be accomplished as provided in this agreement. Similarly, the withdrawal of a party from the. Joint Planning Agreement or from any other cooperative planning agreement does not constitute withdrawal from this agreement. Withdrawal from this agreement can only be accomplished as provided in this agreement. ? As per the map in Appnu& A, the Town of Hillsborough Long -Term Interest Area and Primary Service Area are combined and for purposes of this agreement is its Primary Service Area. 4 Y 6 FINAL 4/30/99 OWASA Long -Term Interest Area: An area (as shown on the Water and Sewer Service Boundary Map, which is Appendix A) within which public water and/or sewer service is not anticipated to be made, but if such services are to be provided, OWASA will be the responsible utility service provider: Long -Term Interest Areas are not service areas, and do not include areas outside of Orange County. OWASA's Long -Term Interest Area is hereinafter referred to as OWASA's "interest area." Orange County Long -Term Interest Area: The areas of Orange County planning jurisdiction (as shown on the Water and Sewer Service Boundary Map, which is Appendix A) not part of a Primary Service Area or another Long -Term Interest Area within which public water,andlor sewer service is not anticipated to be made, but if such . services are to be provided, Orange County will be responsible for coordinating the provision of utility service. Long -Term Interest Areas -are not service areas, and do not include areas outside of Orange County. Orange County's Long -Term Interest Area is hereinafter referred to as Orange County's "interest area." Essential Public Facility: A publicly -owned facility, or a facility wholly financed by Federal, State or local government (or a combination thereof) that provides a service for the health, safety and general welfare of County residents (for example, a school, fire station, public safety substation or solid waste convenience center). Adverse Public Health Conditions An Adverse Public Health Condition exists in the case of a wastewater system(s) when it is (1) failing, (2) documented to be failing by the Orange County Health Department, and (3) no on-site repair is approvable or recommended by the Orange County Health Department; or, in the case of a well water. supply system, it meets all of the following criteria: ♦ the well water supply system is contaminated with a microbial, chemical or other agent which is known to cause disease or other serious health effects; v FINAL 4/30/99 ♦ the well water supply system is not reparable to the point where the contamination can be eliminated; ♦ the water from the well water supply system is not treatable prior to withdrawal to the point where the threat of disease or serious health effects is eliminated; ♦ there is no alternate location on-site for a new well water supply system which can be permitted under Orange County Health Department regulatory. criteria in effect at the time of the contamination or an alternative site is unacceptable because - widespread existence of contamination or because of the potential of contaminant' migration to the alternate site. A description of these terms and their application is provided in Section VI of this Agreement. Public Water or Public Sewer Service: The provision of water and/or sewer service by a party to this agreement. This definition does not include consulting services and/or technical assistance services. Emergency Water Transfer: Any short-term transfer *of raw water supply or finished drinking water supply from one service provider to assist another service provider in meeting water needs during: a) unanticipated disruptions or emergencies relating to raw or finished water supply. Such disruptions or emergencies may result from.events including, but not limited to: (i) human error, ii) equipment or power failure; iii) supply contamination; -iv) major fires, floods,. droughts or other disasters; and v) operations or facility maintenance activities, or b) periods when temporary, short-term disruption of water supply or finished water service may occur as a result of 6 Y 8 FINAL Annia9 planned or unplanned maintenance of major water supply, pumping, transmission, treatment, or storage facilities. Non - Emergency Water Transfer. Any transfer from one water service provider to another water service provider of raw water supply or finished drinking water supply which is not an emergency water transfer. Wastewater Transfer: Any transfer from one wastewater service provider to another wastewater service provider. Water and/or Sewer Provider: A municipal corporation, county, private non-profit water system, or public water and sewer authority under the-N.C. General Statutes; that provides water and/or sewer service to the public. ` A. Service Areas and Interest'rea Boundaries The service area and interest area boundaries are as shown in Appendix A. B. Adherence to Boundaries The boundaries on the map (Appendix -A) define the areas in which the parties may provide water and sewer service, and no party to this . agreement shall extend service beyond the designated boundaries, except as provided in this. agreement (Sections VI.B, VI-C, VI.D, VI.F, VILA, VII.B, VII.Cy. In no case -shall service be extended beyond the boundaries of Orange County without the approval of the elected boards which exercise planning jurisdiction on either side of the County boundary. Any extension of lines or service into Chatham County requires the approval of Orange County, ,Chapel Hill, Carrboro and OWASA. 3. Parenthetkd phrase to be k t in we agreement is adopted A. Policy Issues. Planning and growth management issues are influenced by the location of water and sewer. This agreement is not intended to supersede other land use agreements made by the local governments. B. Procedures for the provision of service within the Service Areas and Interest -Areas 1. when water and sewer service provision is required to address an adverse public.health condition, or to provide service to an essential public facility, the designated provider for the service area or interest area shall have the right of first refusal to provide such service. 2. Within the service areas -and interest areas, the water and ' sewer provider will agree to provide service, as defined in this agreement, as system capacity, financial resources, and other reasonable utility considerations allow, and as provided in this agreement. C. Policy of "first refusal" 1. The designated water and sewer provider within a service area or interest area has first right to - provide service if an adverse public health condition or essential public facility service need is established, and public water or public sewer service is determined to be required to address the adverse public health condition. 2. If the designated water and sewer provider declines to provide service, it must notify the other parties to the agreement with a statement of rationale. - 8 FINAL 4/30/99 3. The designated water and sewer provider may contract with another service provider to address the situation, in the manner prescribed in Section VI of this agreement, upon consultation with other jurisdictions. 4. If no other water and sewer provider is available, Orange County retains the right to address the adverse public health condition or essential public facility need in the manner prescribed in Section VI of this agreement.. D. Other.Extension and Management Responsibilities 1... Reserved A. Prohibitions and Limitations on Extension Into Interest Areas The development of land within interest areas is not projected to occur at urban densities, and public water and sewer service shall be prohibited in these areas, except as provided in this agreement {Section VI.B, VI.C, VI .D, VIX, VILA, VI J3, VII.0 13. Individual on -site and small/community-scale alternative water supply and wastewater treatment systems not physically connected to central systems will be the primary methods of meeting the water and sewer service needs of existing and future development. 3. aid B. Adverse Public Health Conditions An exception to the prohibition of public water and sewer service in interest areas may be made to allow the extension of lines in the event the Orange County Health Department documents an "adverse public . health condition." 10 ti FINAL 4/30/99 An adverse public health condition exists where: 1. In the case of existing wastewater system(s), it meets all of the following criteria: ♦ the wastewater system is failing; the wastewater system is documented to be failing by the Orange County Health Department; ♦ - there is no on -site repair approvable or recommended by the Orange County Health Department. The following terms used in the criteria above mean: 11 Failing 'Wastewater System: A wastewater system is failing when sewage or effluent is seeping or discharging to the ground surface or to surface waters. A permitted, properly - functioning non - discharge wastewater system (e.g., a spray- irrigation system) and a permitted, properly - functioning discharge system are not failing wastewater systems. Approvable On -Site Repair: An approvable on -site wastewater system repair that can be completed in a designated repair area which is approvable under Orange County Health Department regulatory soil/site criteria in effect at the time of the needed repair. Recommended On -Site Repair: A recommended on -site repair is one that is not an approvable on-site repair, but is one that in the best professional judgement of the Orange County Health Department will reasonably enable the system to function properly. A recommended on -site repair may incorporate, engineered design (a design certified by an engineer to overcome all soil/site limitations in the particular situation), site or system modification, flow reduction or other measures calculated to improve functionality of the system. .2. In the case of an existing well water supply system(s), it meets all of the following criteria: 10 FINAL 4/30/99 the well water supply system is contaminated with a microbial, chemical or other agent which is known to cause disease or other serious health effects; the well water supply system is not reparable to the point where the contamination can be eliminated, the water from the well water supply system is not treatable prior to withdrawal to the point where the threat-of disease or serious health effects is eliminated; there is no alternate location on -site for a new well water supply system which can be permitted under Orange County Health Department regulatory criteria in effect at the time of-the contamination or an alternative site is unacceptable because widespread existence of contamination or because of the potential of contaminant migration to the alternate site. The following terms used in the criteria above mean: Well: A well is any excavation that is cored, bored, drilled, jetted, dug or otherwise constructed for the purpose of locating, testing, developing, draining or recharging. any ground water reserves or aquifer, or that may control, divert, or otherwise control the movement of water from or into any aquifer. Well Water Supply System: A well water supply system is any well that is intended for use or is usable as a source of water supply for domestic use (including household purposes, farm livestock, or gardens) and the pump and pipe used in connection with or pertaining thereto, including well pumps, distribution pipes, plumbing pipes, tanks, fittings, and water treatment devices. ' 12 FINAL 4/30/99 3. The Orange. County Health Department makes the determination when an adverse public health condition exists, and will make a recommendation on the appropriate remedy to the _governmental entity(ies) in the appropriate interest area. The final decision to: use any particular means or tool for rectifying any particular adverse. public health condition; remains, through zoning regulations or other land use ordinances, with the governmental entity or entities having zoning or planning jurisdiction over the area where the adverse public health condition exists. In the Orange County - Chapel Hill- Carrboro Joint Planning Area, the Joint Development Review Areas shall be used to determine, which of the JPA parties shall jointly decide on the appropriate means or tool for rectifying an adverse public health condition. Public water or public sewer lines extended to provide service to an adverse public health condition or essential public facility cannot be used for other purposes or other parties, except to remedy another adverse public health condition. C. Sizing of Lines Extended Into Interest Areas The extension of public water or public sewer lines into an interest area shall be sized so as only to serve the intended use, as defined in this agreement. However, in the case of a public water line extension, provisions shall be made to address adequate line sizing for pressure and volume considerations. D. Controlling Access to Lines In Interest Areas Public water or public sewer lines. extended to provide service to an adverse public health condition.or essential public facility cannot. be used for other purposes or other parties, except to remedy another adverse public health condition. 12 13 FINAL 4/30/99 E. Siting of Essential Public Facilities Within Interest Areas The location of some essential public facilities, particularly. schools, requires special consideration for access to public water and sewer lines. Where possible, schools shall be sited in a manner that promotes the efficient use of existing water and sewer service. Preferably, a set of criteria governing such situations would be developed based on consultations between the appropriate school boards and the elected officials of affected jurisdictions, and applied as necessary. . Publicly- owned facilities other than a public_ school shall be located in a manner that promotes the orderly provision of water and sewer service. The preferred method of connection is to lines that already exist, or in a manner that would minimize the need to extend existing lines.' F. Water and Sewer Service Into /Out of Orange County • Recognizing the land use implications of public water and public sewer service in adjacent counties on jurisdictions within Orange County, water and sewer service of any of the service providers that are parties to this agreement shall not be extended outside of the boundaries of Orange County without the approval of the elected boards which exercise planning jurisdiction on either side of the County boundary. Any extension of lines or service into Chatham County requires the approval of Orange County, Chapel Bill, Carrboro and OWASA. This approval is not required when water and sewer service is required as a condition of annexation by. the towns of Chapel Hill or Carrboro. 14 iq IJ A. Emergency Water Transfers 15 Emergency water transfers are transfers that: 1. Are made for short-term duration. For the purpose of this Agreement, short-term duration shall be reviewed at 3 0 . days, 60 days and 90 days, with subsequent 90 -day intervals up to one year, as per the following process: a. After 30- days duration, a memo from the chief administrative officials of the service providers will be sent to the managers of the jurisdictions that are parties to this. Agreement. The memo shall document the emergency, steps being taken to address the situation, and notify the managers of the potential for a longer period of the emergency ' water transfer. b. At 60 days, the service. provider sending the water • shall notify its elected board (or, in the case of OWASA, the member government elected boards) on the status of the emergency and provide opportunity for. the boards to review and comment on the situation. The receiving provider shall provide similar information. C. Between 60 days and 90 days from inception of transfer, the elected boards which exercise planning jurisdiction on either side of the boundary in which the service is provided shall review and approve or not approve the continuation of the transfer beyond 90 days. If _ continuation of the transfer is approved, it may continue for an additional 90 -day period. Approval shall be required for each subsequent 90 -day period, with a maximum emergency water 14 16 FINAL 4/30/99 transfer duration of 365 days from inception. Lack of action by the elected boards as provided in this subsection constitutes approval for the subsequent 90 -day period d. At the 30 -day point, the service provider shall determine that adequate water and other resources and facility capacities are available to support the extended emergency.transfer without adversely affecting the quality and quantity of water supply and services to customers within its service area, and .without adversely affecting environmental quality within its service area; AND 2. Are not intended to provide raw or finished water supply necessary to support newgrowth and development within the service area of the service provider receiving the transfer. Neither party shall., in planning for future growth and associated increases in water supply needs, • rely upon water from the other party supplied under this agreement to serve such growth. a. _A service provider experiencing a water emergency and receiving emergency water transfers must agree to act expeditiously and adequately to mitigate and remove the causes of the emergency conditions. B. Non- Emergency Water Transfers Non - emergency water transfers are only permitted with the approval of the Orange County Board of Commissioners and the elected or appointed boards of the service providers ' providing the transfer. If OWASA is the service provider, approval must come fr om the OWASA Board of Directors and Y FINAL AL 4/30/99 the elected boards of Carrboro, Chapel Hill and Orange County. C. Wastewater Transfers Wastewater transfers I are only permitted with the approval of the Orange County Board of Commissioners and the elected or appointed boards of the service providers providing the transfer. If OWASA is the service provider, approval must come from the OWASA Board of Directors and the elected - boards of Carrboro, Chapel Hill and Orange County. A. Linkages to Other Agreements There are a number of existing agreements' among the parties to this agreement that are relevant to the management and planning of public water and sewer service. In addition, this agreement and those listed below should all be read together. Where inconsistencies exist, this agreement shall'control. Included among these relevant agreements with linkages are: Hillsborough- Durham Service Area Agreement • OWASA Durham Service Agreement • Eno River Capacity Use Agreement • Hillsborough/Orange- Alamance Water Systems Agreement • OWASA-Hillsborough Service Agreement • OWASA- Hillsborough Bulk Water Transfer Agreement • Chapel Hill Durham Annexation Agreement • Mutual Aid Agreement • Jordan Lake Allocations from NC DEHNR • OWASA Agreements of Purchase and Sale between 1) OWASA and Carrboro, 2) OWASA and Chapel Hill, and 3) OWASA and UNC 16 17 Y FINAL 4/30/99 A. Water and Sewer Service Boundaries Map B. Charge to the Water and Sewer Boundary Task Force C. Toolbox of Remedies for Adverse Public Health Conditions D. Joint Planning Area Boundary Map E. Comprehensive Plan Land Use Maps for all Orange County local governments, and of Chatham County 18 FINAL 4/30/99 TffiS AGREEMENT ENTERED INTO THIS __._. DAY OF 1999. Chair, Orange County. Board of Commissioners Attest: Clerk to the Orange County Board of Commissioners Mayor, Town of Chapel Hill Attest: Town Clerk, Town of Chapel hill Mayor, Town of Carrboro - Attest: Town Clerk, Town of Carrboro Mayor, Town of Hillsborough Attest: Town Clerk, Town of Hillsborough Chair, OWASA Board of Directors Attest: 430faaLdoc Orange Water and Sewer Authority February I 1,1999 Page 12 2 ITEM TWENTY: WATER AND- SEWER MANAGEMENT. PLANNING. AND BOUNDARY AGREEMENT Dan VanderMeer said he requested Patrick Davis to bring the. Board up-to -date on the Water and Sewer Management, Planning, and Boundary Agreement, and that he requested Ed Kerwin and Robert Epting to advise the Board what the unresolved issues are. Mr. VanderMeer said that Robert Epting provided to the Board of Directors in his January 25,1999 letter his opinion and concern that certain provisions of the present draft dated October 28, 1995 of the Service Area Boundary Agreement conflict with OWASA's duties tender the Agreements of Sale and Purchase that were entered into sePamtety with The University of North Carolina at Chapel Hill, the Town of Chapel EMI, and the Town of Carrboro. Patrick Davis said he commenced attending the Water and Sewer Boundary Task Force Meetings In 1994.. Initially there were concerns about how water and sewer utMrXes would be managed in order to be compatible with local land use planning growth management objectives. how assignments would be made regarding responsibiiities for providing services in areas throughout Orange County where it would be appropriate and desirable to provide public water and sewer services or, in the event of an unfortunate environmental or public health problem, those services alight be needed to be extended under careful controls. Idr. Davis said the water and Sewer Boundary Task Force discussed the issue of where retail water and sewer utility services should be extended and where they shouida't be extended. That resulted in consensus on primary utility service area and longterm interest areas. Patrick Davis referred the Board to the map on Appendix A entitted'mProposed rubric Water/Sewer Service Boundaries Subject to Addition of Other UtiidiedLocalides." The asap includes the Town of MllsborotWs extraterritorial planning jucisdied4u, corporate limits, and what was identified in the. Town of Wdtsborough's long -range sewer plan as an alternate build -out of its sewer service area. The southern part of the Town of Hillsborough's projected service area would eoradde with the northern boundary of the rurat buffer that Is Identified in the Joint Land Use Plan between Orange County, the Town of Chapel IM E, and the Town of Carrbom. Mr_ Davis said a concern from the outset was obtaining the Town of Hillsborough's commitment not to provide sewer service into the rural buffer and into critical water supply watersheds. That commitment from the Town of 1111tsborough tiwas received early in the discussions and one significant obstacle was overcome. Mr. Davis said there were subsequent discussions about constraints and language that would make it dear that OWASA was committed to not providing rotail services in areas beyond the urban transition areas for the Chapel Ina l- Carrboro community. The Board and staff were in agreement Orange Water and Sewer Authority �. " February 11,1999 Page 13 that there are community benefits in having reasonable controls on the extension of OWASA's retail water and sewer lines and services within the southeastern part of Orange County and the urban growth area for the Chapel Hfil- Carrboro community. Mr. Davis said there was consensus from the local government representatives on the Water and Sewer Boundary Task Force (Town of Carrboro, Town of Chapel HcQ, Town of Halsborough, and Orange County) that by putting any typegof constraint on the provision of public water and sewer utilities In areas outside of the urban service areas that the only alternative for providing water and sewer services to new growth and development is by using alternative type systems. Patrick Davis said alternative type systems are individual wells, private community water systems, individual septic systems, or small - scale community-type' wastewater systems. The local government representatives recognized and acknowledged that would be the preferred alternative approach in the outlying,areas. Mr. Davis said corresponding with the decision that the decentralized -type systems in the rural buffer and in the water supply watersheds would be the appropriate approach then brought up the issue of what happens In the event the alternative type systems fail and public utilities need to be extended to correct a falling wastewater system or water supply wells that contain contaminants that needs an alternative which might, in fact, need to be public water. Patrick Davis said in situations that are dearly determined to be emergency in nature, carefully designed, carefully located and controlled public utilities in the sensitive areas - rural buffer, and water supply watersheds could under certain limited situations be acceptable. Mr. Davis said the agreement spells out some situations In which public utility extensions might be appropriate in areas that would normally not be considered appropriate for public utilities. Mr. Davis said some of the areas where there has not been consensus have to do primarily with dealing with the Intergovernmental agreements concerning wholesale transfer of water or cooperative agreements regarding wastewater service and wastewater treatment -and particularly In those Instances where it Is beyond the Orange County boundaries. Patrick Davis said those areas have significant Iong -term Implications not just from a land use planning and growth management standpoint In OWASA's service area in Orange County as a whole but there is also significant implication from a water and sewer utility provision standpoint — reliability, quality of service, economy of service, and the provision of the backbone infrastructure needed to meet the planned Increases In water and sewer demands that come with the community's growth and development In accordance with the adopted land use plans. Mr. Davis said that he and Barry Jacobs represented the Board on the Water and Sewer Boundary Task Force and they made It clear their opinions were their own and that the full OWASA Board of Directors will state its opinion at the appropriate time. Mr. Davis said the draft agreement Is getting closer to a final agreement. Two meetings have been scheduled for March 1999 with the hope that the Wrier and Sewer Boundary Task Force will conclude Its discussions and present a final agreement sh ullar In version and content to the draft February 2,1999 Water and Sewer Management, Planning and Boundary Agreement. Patrick Davis said there would be some provisions in the agreement that will not have consensus support of all the Participants on the Task Force. Mr. Davis said the Initial issue of a common boundary agreement with the Town of Hillsborough has not bees formalized. There are some provisions In the draft agreement that the representatives of the Town of Hillsborough said they could not and would not agree to. Patrick Davis said that the elected representatives and staff of the Town of Hillsborough stopped attending the Water and Sewer Boundary Task Force meetings and, therefore, there is concern about the Town of Hillsborough's commitment to the agreement. 10.2.5 IL -Ole" Orange Water and Sewer Authority, " February l 1,1999 Page 14 Dan VanderMecr requested that the points made in Robert Epting's January 25,19" letter be discussed at the February 25, 1999 Board of Directors Meeting William Strom said at some point the Board should talk about significant issues such as whether or not permission is needed from the constituent governments to provide retail services outside Orange County. Mr. Strom said it is his opinion that the Board should put Itself In a position to sign the Water and Sewer Management, Planning and Boundary Agreement. Dan VanderMeer said if the Town of Hillsborough is not participating then the whole process does not seem to make a lot of sense. Why would there be a boundary agreement if it only applies to OWASA? Why Is OWASA involved If the Town of Hillsborough is not participating3 Peter Gordon said in his recent conversations with an elected official and a member of the Task Force Committee, he got the impression that If the Town of Hillsborough will not sign the Water and Sewer Management, Planning and Boundary Agreement that there was not an expectation that OWASA would sign either. Dr. Gordon said his issues are: 1. Is the Town of Hillsborough In or out and what does that mean? 2. Ed Holland's February 5, 1999 memorandum - states "Current wording could be construed to prohibit construction of a raw water train from Jordan Lake without approval by all three bodies." This should be addressed and clarified. 3. With regard to the rural buffer In the watershed, the agreement is outstanding. Orange County's willingness to • have the Orange County Health Department determine the existence of an "adverse public health condition" lets OWASA off the hook. The Board of Directors should make It clear that It Is appreciated. 4. There are potential Issues of efacten4 regarding emergency water transfers vs. nonemergency water transfers particularly at the wholesale leveL S. Permission for extending retail service into Chatham County. Patrick Davis asked if the Board agrees with the concept of a formalized service area boundary agreement that would define retail service area establishment for OWASA. Mr. Davis said In past discussions there has been agreement that is a reasonable expectation of OWASA and would be a good demonstration of OWASA's commitment to work In partnership with the local governments. Patrick Davis said the concept of a retail service area boundary Is one that. OWASA has supported In the past and Mr. Davis suggested that OWASA continue to support it. Mr. Davis said if OWASA is looking for the Town of Hillsborough's commitment at *the same time the To" of Hillsborough is looking for OWASA's commitment In a service area boundary, then that Is a key cornerstone. What does It mean to OWASA K the Town of Hillsborough Is not part of the Water and Sewer Management, Planning and Boundary Agreement? Patrick Davis said there are Inconsistent provisions that are applicable to the Town of Hillsborough and their ability to enter Into intergovernmental agreements on retail and wholesale service vs. OWASA's totally different provisions. Mr. Davis said part of what the agreement Is doing is trying to get local elected board control formalized over OWASA's ability to extend services and to enter Into wholesale agreements. It does have significant utility ramifications. Patrick Davis said he heard some representatives on the Water and Sewer Task Force specifically state that they wanted veto authority over any project In which OWASA might build a raw water transmission main solely to pump water from Jordan Lake up to OWASA's service area and the representatives felt that was a significant growth.related issue. William Strom said there has been discussion about coordinating regional policies. The Issue of OWASA's relationship with the Town of Hillsborough is often overlooked but has the most potential in the short- and medium -term to impact OWASA. OWASA should be at the table negotiating an agreement that OWASA is comfortable with in.its service area and lead by example. { 10.2& Orange Water and Sewer Authority February 11, 1999 Page 15 William Strom said lie does not understand why the Town of Hillsborough is not required to get approvals when OWASA is required to get approvals. Mr. Strom said the agreement is important enough to move toward signing it and hope that the Town of Hillsborough can be convinced to join. Peter Gordon said it does not make sense for OWASA to -sign the agreement if the Town of Hillsborough does not sign it. Dr. Gordon said exactly the same provisions should not apply to both OWASA and the Town of Hillsborough. OWASA's long -term interest area should be recognized by the Town of Hillsborough ' and, if not, Peter Gordon said he wonders about the value of the agreement. Bernadette Pelissier asked If the Town of iflllsborough definitively said they would not sign the agreement and Ms. Pelissier also asked what'their objections are. It is probably related to the fact that the-Town of Hillsborough does not have a joint planning agreement and that the Town of Carrboro, Town of Chapel Hill, and Orange County do have joint planning agreements. If OWASA does not sign the agreement, it will not help the larger issue of the Town of Mllsborough's lack of participation. Patrick Davis said if the Town of Hillsborough is not .3L party to the agreement, there is a significant hole that relates to the integrity of the rural buffer concept that could present a problem in terms of the joint planning agreement. Mr. Davis said it is his opinion that if the Town of Hillsborough decides not to participate In the agreement then that is sufficient reason for OWASA not to participate in an agreement of this nature that is designed to formalize OWASA's retail service extension policies relative to the land use planning efforts'of joint planning parties. Patrick Davis said the Town of Hillsborough's interest is to have a common boundary line established which they reviewed some time ago. The agreement has expanded at this point and the Town of Hillsborough has not expressed much interest. Mr. Davis said staff of the Town of Hillsborough said they would be inclined to recommend that the Town of Hillsborough not sign the agreement the way it has been structured. The Town of Hillsborough's specific concerns have not been formalized in writing. Patrick Davis said there is strong benefit for OWASA to formalize its commitment to be cooperative with the local governments in its service area. Alan Rimer said his concern is that a neighboring community may choose to extend services into an area that the group believes should not be served. There is precedent for that In the past. Mr. Rimer said he is concerned that the Town of Hillsborough is not at the table and they may have designs on the rural buffer where OWASA cannot extend service. Mr. Rimer said he would like assurances that will not happen and the agreement should be tailored accordingly. OWASA should strive to find a way .to 'work towards a consensus and make it an agreement that the Town of Hillsborough will sign. Alan Rimer said it is critical that the Town of Hillsborough comes back to the table in order for it to be a working agreement. William= Strom said OWASA can only be responsible for its own actions and there are significant bents for OWASA to sign the agreement. Mr. Strom said It behooves OWASA to support the rural buffer, to support the agreement, and to support OWASA's constituent governments by indicating willingness to sign the agreement. Susannah Holloway asked if the agreements could be bifurcated. For instance, an agreement with the Town of Hillsborough regarding the boundary and an agreement for all the other items. Patrick Davis said in previous years that he and Barry Jacobs proposed a phase I service area boundary agreement with the Town of Hillsborough because the Task Force had a commitment for agreement on the boundary line. The-Task Force overruled It because the majority of the members wanted to tackle all the issues together. NUlliam Strom said (lie December 14, 1994 document from Moses Carey makes approval of the boundaries contingent upon the subsequent agreements. Patrick Davis said that was the Task z3 A -g 10.Z7 v Orange Water and Sewer Authority February 11, 1999 Page 16 Force's decision at that time and that is why the Task Fora is still considering proposals in February 1999 that have been on the table for the last four years. Peter Gordon said it has been his assumption that the Board's charge is to follow the land use plans of the appointing governments. Dr. Gordon said there is immense value in the Town of Hillsborough recognizing the southern boundary. William Strom said the Town of Hillsborough should be engaged in the discussions. An Important issue is the southern serAce boundary for the Town of Hillsborough but it is not nearly as Important as equity issues, such as the Town of Hillsborough can do something that OWASA can't. Mr. Strom said that lays the groundwork for negotiation. Dan-VanderMeer said If the agreement becomes an agreement between OWASA and the three elected governments that it has the effect of limiting OWASA's ability to serve as an independent authority. Mr. VanderMeer said he would be reluctant to tie the hands of future Board. of Directors by signing an agreement that would extend In perpetuity an arrangement that may not anticipate things that will happen in the future. It becomes a viable 1"tation on QWASA's ability to do business. Dan VanderMeer said the Board of Directors is appointed to OWASA to help provide guidance on major and minor policy Matters to OWASA. If every time a major issue arises and the Board needs the concurrence of the three elected bodies to do what OWASA believes is in the best Interest of OWASA, then why have a Board of Directors. Whynot turn over that responsibility` to the elected officials and do away with the OWASA Board of Directors. Mr. VanderMeer said he is not opposed to entering into some kind of declaration of . Principles that reflect the hard work that went into the development of the agreement and recognizes OWASA's commitment. to joint planning and protection of the environment on which OWASA has an impact. Dan VanderMeer said without the Town of BEisborough becoming a signatory to a boundary agreement that he is not convinced OWASA ought to enter Into the agreement. OWASA would be willing to separate the two issues and go forward with a:geneml statement of principles that says "This Board and OWASA are committed to working within the joint planning principles:' Patrick Davis said in response to Dan VanderMeer's concept of a declaration of principles, that was done in 1989 in the form of a formally adopted Memorandum of Understanding among the Town of Carrboro, Town of Chapel Hill, Orange County, and OWASA. OWASA's commitment to be compatible and consistent with the land use plans and growth management policies was clearly stated and established a good, solid foundation Mr. Davis said he has concerns with the draft Water and Sewer Management, Planning and Boundary Agreement the way It is structured and how It relates to OWASA's responsibilities as a Board. Robert Epting said there is also the impact that would result from the withdrawal of any 04 the elected bodies. from the Joint Planning Agreement. Mr. Epting said withdrawal of any of the elected bodies from the Joint Planning Agreement would dissolve that agreement. If the Joint Planning Agreement were dissolved, then the Water and Sewer Management, Planning and Boundary Agreement would also be dissolved. Robert Epting said this impact is being discussed. Dan VanderMeer said the next item for discussion is whether OWASA would need the approval of the three governments to withdraw water from Jordan Lake. . Peter Gordon said providing retail services should have oversight. Acquiring resources to serve citizens that OWASA is charged to serve is an issue for the Board of Directors. Dr. Gordon said in his conversation with an elected official, there was basic agreement regarding Jordan Lake. Patrick Davis said that if, in the future, OWASA determines it necessary to withdraw water from Jordan Lake and one of the member governments is under the opinion that such an 2� to, .2� - C 25 Orange Water and Sewer Authority February] 1, 1999 - Page 17 undertaking is inappropriate, the way the agreement is structured any one jurisdiction would have veto authority over that decision. The remainder of OWASA's service area would be adversely affected, OWASA's obligations under the Sale and Purchase Agreements would be adversely affected, as well as OWASA's ability to provide service. Patrick Davis said he has stated on numerous occasions that he could not support any agreement that restricted OWASA's ability to do that because that is a responsibility of the Board of Directors. Dan VanderMeer asked if the Board is in agreement with the proposal that V an adverse public health condition is declared by someone else, it would trigger whether or not OWASA could extend lines during emergencies. Peter Gordon said he is in favor of that because them will be clear lines of authority and Orange County citizens will know with whom to speak. William Strom said the agreement defines and proposes a series of remedies for septic system problems and creates an opportunity for remedlation, openness, and eliminates citizens' fear. It makes tradeoffs and compromises In other areas worth doing. Dan VanderMeer said the next Item for discussion is Interutility water transfers that ties to the question of emergency transfers. How long is an emergency transfer an emergency transfer? What are the limitations, if any, on OWASA's ability to enter into interutitity. transfer agreements? Alan Rimer said he does not believe it is the local governments' responsibility to deliberate what is and what is not an emergency and he could not advocate the emergency water transfers as it is currently written in the agreement. Mr. Rimer said that decision should rest with the Executive Director. Patrick Davis said about two years ago the emergency water transfers were structured so there would be a six -month notification. The emergency could be one -year duration which is when local government check in would occur. Mr. Davis said there was a majority agreement oa that by the Task Force with the exception of one member. One member reopened this topic and three of the seven Task Force members voted against what has been presented In the corrected February 2, 199.9 draft agreement. Peter Gordon asked what is an emergency. To some degree it Is a technical, hard call and one that Is better left out of a political context. On the other hand, some emergencies reflect bad planning. Dr. Gordon said this issue is related to whether the capital investment of the community should be present as a safeguard for communities that have allowed or promoted growth without capital investments to assure that its citizens receive basic services. Patrick Davis said since the late 1960'x, the community, depended upon the emergency transfer of water from the City of Durham and the Town of Hillsborough for two decades. The community was trying to pursue development, the Cane Creek Reservoir had regulatory delays and Iawsults, a moratorium was never imposed on growth, orderly development was allowed to occur, and agreements were executed that allowed OWASA to meet those needs until the Cane Creek Reservoir was on line. Mr. Davis said he understood the local governments' perspective and a Ax- month check in and the ability to review and approve the transfer of water was reasonable but not as stated In the agreement. William Strom said he agrees with Patrick Davis and Peter Gordon. Mr. Strom said the relevant part is stated on page 16 of the corrected draft agreement which states that these transfers "Are not intended to provide raw or finished water supply necessary'to support new growth and development within the service area of the service provider receiving the transfer:' Given that these decisions are both health and political, there is a point where there should be a check in and the constituent governments have every right to want that check in. Robert Epting said the draft corrected agreement statl:s that "Between 60 days and 90 days from inception of transfer, the elected boards which exercise planning jurisdiction on either side of r Orange Water and Sewer Authority February II, 1999 Page I8 the boundary In which the service is provided shall review and approve or not approve the continuation of the transfer beyond 90 days. If continuation of the transfer is approved, It may continue for an additional 90-day period. Approval shall be required for each subsequent 90-1ay period, with a maximum emergency crater transfer duration of 365 days from inception. Lack of action by the elected boards as provided In this subsection constitutes approval for the subsequent . 90-day period." W. Epting said that veto element ought to be troublesome to each of the elected boards as well as to the OWASA Board. Din VanderMeer said the next Item for discussion is nonemergency interutiiity .water transfers and W. VanderMeer suggested that It be linked to the provision of water into Chatham County by OWASA. Peter Gordon said he suggests not linking nonemergency interutility water transfers to extension of service into Chatham County. Dr. Gordon said he would distinguish wholesale vs. retail service. Mr. VanderMeer said the retati issue would be discussed. Wtit"iam Strom said he is comfortable.with the language in the draft-corrected agreement as it stands. OWASA exists to provide service to southern Orange County, the Town of Carrboro, and the Town of Chapel MIL. if OWASA is going to expand its retail area the constituent governments would have a say and Mr. Strom said he is comfortable with that arrangement. Patrick Davis said OWASA has Sale and Purchase Agreements with The University of North Carolina at Chapel Hill, the Town of Carrboro, and the Town of Chapel $'ill and each has specific obligations in each of the Agreements. Mr. Davis said the Agreements states that OWASA must provide its best effort to extend service into those areas that the Town of Carrboro and the Town of Chapel MU annex, and to also support its orderiy growth and development plans. Mr. Davis said if a member government wanted to annex into a certain area, Any one of the parties to the Sale and Purchase Agreements could veto the proposed annexation under the draft agreement. OWASA's ability to extend service would then be constrained by one of the other two member governments and OWASA's ability to meet Its obligations under the Sale and Purchase Agreements would be hindered. Patrick Davis said If the three member governments decide that this was appropriate and desirable, could this agreement be a supplemental understanding. or clarification of -the Sale.. and -Purchase Agreements that would supersede the previous Sate and Purchase Agreements' -provisions or obligations-that OWASA has. Mr. Davis said he Is uncomfortable with language that would give any jurisdiiciion-or member government veto power over another member government's decision. William Strom • said in-the interest of getting OWASA. into a position to sign the agreement, an approach is to Include a provision that should there be annexation that OWASA is obligated to serve that annexation. Robert Eptmg said he has spoken to the Chapel Hill Town Attorney about William StroWs comment and it could be resolved in that way or by way of an annexation boundary agreement between the Town of Carrboro and the Town of Chapel EML Mr. Epting said that If the Towns' Intent by language in the boundary agreement is to amend the Sale and Purchase Agreements and OWASA's responsibility under those agreements, then there should be a provision stating that. OWASA is constrained In every direction in terms of annexation. William Strom said in the absence of annexation, the Board should discuss new turf in northern Chatham County regarding a new service area, and it would be appropriate for the three constituent governments to agree to that. Peter Gordon said he would be pleased to take to the Task Force the suggestions for amending the language in the Agreement to the effect that approval would not be needed if the IO.30 y Orange Water and Sewer Authority February 11, 1999 Page 19 Towns annex land and OWASA serving that annexation. Regarding whether OWASA should Have the authority to acquire retail customers in Chatham County, that is power that OWASA does not need. Dr. Gordon said it is politically wrong for customers not to have a say on appointments to the OWASA Board of Directors when the Board is not in a position to reconstitute how members are appointed. Patrick Davis said It is Important to point out that the comments the Board made relative to the retail service provision particularly in Chatham. County dearly stated there is no intention on OWASA's part to unilaterally make a decision: Mr. Davis said the Board's concerns have been related to annexation and orderly growth and development of the two municipalities with whom OWASA has Sale and Purchase Agreements. Susannah Holloway said that as Robert Epting pointed out In his January 25,1999 letter, the annexation issue would not help the problem with The University of North Carolina at Chapel En (The University). The University is a party to the Sale and Purchase Agreements and yet they are not part of the boundary agreement. Ms. Holloway said The University's rights might be affected by the boundary agreement. Susannah Holloway asked if there was a way to have The University represented in the boundary 'agreement. Peter Gordon said he would be concerned If the Sale and Purchase Agreements with The University could be construed to say that if The University decided to build a campus In Chatham County that OWASA would have to serve them. Robert Epting said there isn't any question that the Sale and Purchase Agreements with The University says exactly that. Mr. Epting said the obligation of OWASA is to serve the orderly growth and development of the Town of Carrboro, Town of Chapel Hill, and The University. Robert Epting said that if The University expanded to Chatham County they would first look to Chatham County for their water. There isn't any reasonable Likelihood that The University would locate In Chatham County where OWASA water would be cheaper than Chatham County's water or more desirable to The University than Chatham County's water. Mr. Epting said OWASA would have to request Chatham County for the right to acquire easements and Chatham County now has the right to disapprove and could prevent OWASA from serving The University should they expand to Chatham County. Robert Epting said, for practical purposes, It is remote given that OWASA does not have a way to lay Its pipe in the ground In Chatham County without the permission of the Chatham County Board of Commissioners and why-would they give permission when they could be selling water to The University themselves. Mr. Epting said he did not intend to imply that The University's ability . to require that OWASA provide Its service in Chatham County was a serious constraint in the Water and Sewer Management, Planning and Boundary Agreement. Robert Epting said he mentioned this matter because he believed It is Important to understand that OWASA was formed for the purpose of providing service to The University on the same terms and conditions as it was,providing service to the Town of Carrboro and the Town of Chapel Hill and their growth and development was clearly anticipated in 1977. Patrick Davis said when the Sale and Purchase Agreements were entered Into with the Town of Carrboro and the Town of Chapel Hill, Franchise Agreements were also entered into and It was agreed that the Town of Carrboro and the Town of Chapel Hill would not get into the water and sewer business. There are provisions that say that as long as OWASA is able to provide service to The University to accommodate growth and development then The University would rely on OWASA, but in the event that OWASA was constrained then The University had the right to do any and all things necessary to meet its growth requirements. Dan VanderMeer said the next discussion item is the sizing of lines and whether or not the agreement ought to address line sizing. 2- (p, 3/ �L Orange Water and Sewer Authority February 11,1999 Page 20 William Strom said the notion of OWASA extending lines into an interest area to remedy an adverse public health emergency has'significant impad on potential for sprawl and potential for. making land developable that does not pera Mr. Strom said his understanding is that the sizing of lines is a tool that attempts to restrict tap -ons and avoids unattended consequences of remedying a health emergency. William Strom said he is comfortable with the language in the agreement that the lines should be sized to address that emergency if that is possible. Patrick Davis said a concern was raised with the Piney Mountain Subdivision project. There were engineering sizing requirements and constraints at the State of North Carolina level that required the infrastructure to be sized for peaking factors that were mandated by the State and would impact this issue. Mr. Davis said the way to address It would be to point out that it Is sized to serve only the Intended use but in accordance With the sizing requirements determined by the State. Patrick Davis said implications should be recognized if the decision is made to limit capacity. Mr. Davis said there is also a related issue that has to do with.icnprovements and dines that have excess capacity. For example, the Rangewood Subdivision's force main had to>be 4", the pump station had to be a certain capacity, and when that is done there is automatically excess capacity because the pump station is only pumping a certain number of hours during the day. The agreement is structured so that If Orange County wanted to locate a school facility or a human resource center and hook onto the force chain to take advantage of the excess capacity, the agreement would prohibit that from occurring. An Investment already made could not be used more cost-effectively to support public facility development. Patrick Davis said there ought to be the ability to use lines and facilities that serve public emergencies in appropriate ways to support essential public facilities. Alan Rimer said OWASA could probably meet the volume and pressure considerations with a 4" water line to serve a community of houses with problems. Fire protection could be provided if the size is increased to 6 ". Mr. Rimer suggested that the benefits of fire protection be considered. Alan Rimer asked Robert Epting If if is possible to restrict who taps on to water lines. That gets to the point of increased facility needs for the public for fire protection but prohibits houses from connecting. Robert Epting said the Chapel Hill Town Attorney and the Orange County Attorney have a. friendly disagreement on that point Orange .County by Its ability to require building permits controls tap -ohs. W. Epting said OWASA could get special authority In that regard if It needed It. However, many developers could see that as a method for limiting development. Robert Epting said if tap -ons are restricted, how can the lines be afforded to serve a few people who are experiencing the problem if the only way to run the tines is by assessment: William Strom said In response to sizing the lines to accommodate fire, there is an aavoid sprawl" mentality. It Is in the preambles In Orange County's Comprehensive Plan. Mr. Strom said that If someone buys a house In the watershed where there is no fire service and the community has a water emergency, he does not feel an obligation to provide fire service along with rescuing them from a water problem. Orange County can restrict building permits and control zoning, there is turnover on the various boards and different political will exists. It seems that utility growth takes on a life of Its own and If capacity is there, it usually gets used over a period of time. Patrick Davis said once lines are extended to alleviate a public health hazard, there should not be a prohibition on connection of essential public facilities. The Board was In agreement that the following are the unresolved issues: 1. Is (lie Town of Hillsborough in or out and what does that mean ?; 2. Does (lie Board agree that OWASA should enter into an agreement to define the retail service area ?; �p.32 Orange Water and Sewer Authority February 11, 1999 Page 21 3. Should the Board enter into an agreement unilaterally that would limit OWASA and not put the same limits on potential competitors ?; 4. Sizing of the lines into Interest areas; S. Two and one -half (2 -1/2) years notice to withdraw from the agreement. (This requirement has been dropped from the current draft and only requires a one -year notice before withdrawing from the agreement.); 6. The impact that would result from the withdrawal of any of the elected bodies from the Joint Planning Agreement would dissolve that agreement as Well as the Water and Sewer Management, Planning and Boundary Agreement; 7. Emergency water transfers vs. nonemergency water transfers particularly at the wholesale level; , & Does the approval of the three governments required for extension of lines into another Jurisdiction apply to the two lines that are solely for the purpose of bringing water into the established OWASA primary service area?; 9. OWASA's long -term interest area should be recognized by the Town of 13iIIsborough; . 10. sines into another jurisdiction outside Orange County that does not necessarily have anything to do with water transfers; 11. Whether or not permission is needed to provide retail services outside Orange County; 12. Prohibiting construction of a raw water main from Jordan Lake without approval by all three bodies. William Strom said that the next Water and Sewer Boundary Committee meeting is scheduled for March 4, 1999. Mr. Strom requested that the OWASA representatives on the Task Force bring back a list of unresolved issues from the Water and Sewer Boundary Agreement with the exception of whether or not to include essential public facilities on the rescue lines. WIlHam Strom also requested that the discussion be continued by the OWASA Board of Directors. Dan VanderMeer requested that Ed Kerwin arrange to have the Board polled to make sure there will be a quorum at the February 25,1999 Board of Directors Meeting. _TTEM TWENTY -O CLOSED SESSION Peter Gordon made a motion that the Board go into Closed Session for the purpose of discussing property acquisition. It was seconded by Alan Rimer, and carried by unanimous vote. See Motion No. 10. There being no further business to properly come before the Board, the meeting was adjourned at 10:15 P.M. Respectfully, Joni Gilgor Clerk to the Board Encs. NOTE: Audiotapes and videotapes are available at OWASA for listening and/or viewing. /0,33